1. These appeals arise out of the judgment and award of the M.A.C. Tribunal, Ernakulam in O.P. (M.V.) No. 1352 of 1980. M.F.A.No. 58 of 1986 is the appeal filed by the insurer and M.F.A.No. 328 of 1986 by the claimant.

2. The claimant is a trader in paddy and rice. He hired a public carrier goods vehicle (lorry K.L.F. 8606) for transporting paddy belonging to him. He was earning his livelihood by purchasing and husking paddy and selling rice. In the early hours of the morning on 13-2-1980, in the course of the journey, the lorry collided with a parked lorry and the claimant sustained injuries. Alleging rashness and negligence on the part of the driver of the lorry, the claimant filed petition claiming compensation of Rs. 95,230/-from the driver, owner and insurer of the lorry. The driver and owner in their written statement denied rashness or negligence on the part of the driver and alleged that the parked lorry had no parking lights and there were iron rods protruding out and suddenly another lorry came from the opposite direction and to avoid collision, the driver of lorry K.L.F. 8606 swerved the lorry which hit the projecting iron rods. The insurer admitted existence